Mukut Singh v. Shahnawaz Akhtar
Case at a glance
Provisions considered
Judgment
Learned counsel appearing on behalf of the respondent submits that a copy of the order dated 09.09.2024 has already been supplied to the petitioner and it is on the basis of this order that the recovery certificate has been issued on 27.02.2025, which the petitioner herein has challenged.
Learned counsel appearing on behalf of the petitioner submits that he was not aware of the earlier orders passed.
This submission is vehemently denied and disputed by the counsel appearing on behalf of the respondent, who, on his instructions, has provided proof of service of the said orders and notices via speed post.
Without going into the merits of the case, we dispose of this writ petition with liberty granted to the petitioner to file an appeal under Section 98 of the U.P. Cooperative Societies Act, 1965 (hereinafter referred to as 'the Act'), within a period of two weeks from the date.
If such an appeal is filed within two weeks, the authorities are directed to grant an opportunity of hearing to the petitioner and thereafter pass an order in accordance with law within a period of four weeks from the date of filing of the said appeal.
For the ends of the justice, we are staying the recovery certificate for a 2 WRIC No. 27931 of 2025 period of six weeks from the date or till the passing of an order under Section 98 of the Act, whichever is earlier. September 24, 2025 K.Tiwari (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) KRISHNA KANT TIWARI High Court of Judicature at Allahabad
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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